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1989-08 . . 8 RESOLUTION NO. OL-89-008 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR 58 LOTS AND NEGATIVE DECLARATION FOR GRADING (89-013-EIA & 89-017-DR) FOR PROPERTY BEING PARCELS 1, 2, 3, & 4 OF PARCEL MAP NO. 9156, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA WHEREAS, Barratt American, Inc., applied for a Design Review permit for construction of 58 single family dwelling units and Environmental Review for the grading of 58 lots as required by Chapter 23.08, the City of Encinitas Design Review Ordinance and the California Environmental Quality Act for property being Parcels 1, 2, 3, & 4 of Parcel Map No. 9156, County of San Diego; and WHEREAS, public hearings were conducted on the application by the Olivenhain Community Advisory Board on April 18, and May 16,1989, the public hearings were closed for comment and continued for review of the final resolution of approval to the meetings of June 6, June 20, July 18, and August 8, 1989, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan and grading plan submitted by the applicant; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff reports (89-013-EIA & 89-017-DR) dated April 18, May 16, May 30, June 8, July 7, and July 31, 1989 which are on file in the office of Planning and Community Development; and Additional written documentation. b. c. d. e. In/CAB11F-093WP (7-31-89) 8 Advisory Board of the City of Encini tas that the Design Review NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Permit for 89-017-DR for 58 single family lots and Certification of the Negative Declaration for 89-013-EIA, grading for 58 single family lots is hereby approved subject to the following findings: . 4. 5. 8 1. That the proposed project is in conformance with Section 23.08.72 of the Design Review Ordinance, since the project is consistent with the existing and proposed General Plan in land use allowing one dwelling unit per 2 acres and all utilities are available to the site; 2. That the proposed project is in conformance with Section 23.08.74 of the Design Review Ordinance, since the project has reduced the grading to prevent excessively high graded slopes, provided for split level pads for housing, and reduced the overall amount of grading to retain as much of the site in its natural state as possible; 3. That the proposed project is in conformance with Section 23.08.76 of the Design Review Ordinance, since the exterior materials for the project have been coordinated to be compatible with each other and the surrounding area, and the proposed structures are compatible with the size and scale of other single family structures in the surrounding neighborhoods and they will be of similar heights; That the proposed project is in conformance with Section 23.08.077 of the Design Review Ordinance, since the landscaping proposed will help create privacy for the individual lots, some draught tolerant planting is being utilized, graded slopes will be planted to minimize erosion, street planting is proposed that enhances the character of the community, water areas are approved that lend to the rural character of the community, and a major portion of the site is being retained in its natural state; and That the impact of the proposed development on the site and the surrounding area is being mitigated by measures that have been designed into the project. In/CAB11F-093WP (7-31-89) . with the following conditions: BE IT ALSO RESOLVED, that the Design Review Permit is approved . E. F. 8 A. The project is approved as submitted on the elevations and landscape plans dated May 9,1989, and the site plans dated August 2, 1989 on file in the Department of Planning and Community Development, and shall not be altered without Community Advisory Board review and approval. B. Prior to the City Building Department issuing a final inspection on framing, the applicant shall provide to the Department of Planning and Community Development a survey from a Civil Engineer as to the building height in conformance with this Design Review approval. C. That a plan be submitted for approval by the Director of Planning and Community Development, the City Engineer, and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. D. That the landscape plan is approved as submitted on the plans dated "Revised May 9, 1989", on file in the Department of Planning and Community Development, and shall not be altered without Community Advisory Board review and approval, and a final landscape construction plan shall be submitted for CAB review and approval that details the number, size, type, and location of the final landscaping in substantial conformance with the approved landscape plan. That Design Review as required in Chapter 23.08 of the Municipal Code for all fences 4' and over in height on the individual lots and any changes to fences shown on the approved landscape plan dated "Revised May 9, 1989" or elevation plans dated May 9, 1989 shall be processed through the Administrative Design Review process rather than through Design Review at the Community Advisory Board level. This is intended to allow staff to process the Design Review permit administratively to include the required public notice, and to allow staff to review the fences for compatibility with the existing Design Review permit for the project. That the individual property owners be informed by the developer prior to close of escrow that they may design their own fence plans and they are not obligated to use fence plans proposed by the developer. A "Notification In/CAB11F-093WP (7-31-89) 8 . K. L. M. 8 of Requirements for Fence and Wall Review" shall be given to the prospective property owners regarding the requirements for Administrative Design Review of all fences 4' and over in height and a copy of the "Notification of Requirements for Fence and Wall Review" shall be submitted to the Department of Planning and Community Development for review and approval prior to issuance to the propsective property owners. G. That recreational trails be dedicated and improved prior to final inspection and occupancy as shown on the landscape plan dated "Revised May 9, 1989", and on file in the Department of Planning and Community Development. All mitigation measures setforth in the Negative Declaration dated July 18, 1989 shall be conditions of approval and will be monitored and reported on in accordance with the Mitigation Monitoring and Reporting Program as designated in Attachment "A". H. 1. That the revised conceptual design of the bridge is approved with the fianl review and approval of the bridge to be to the satisfaction of the City Engineer, and that the applicant return with alternatives for proposed lighting on the bridge for the Community Advisory Board review (Le., low intensity, down lit lights, lights built into the walls of the bridge, reflectors on the pavement, trip lights, or any other option that would minimize or eliminate lighting glare in the neighborhood and consistent with the dark skies policy in Olivenhain). J. That the landscaping hardscape items return to the Community Advisory Board for review (L e., walls, trellis features, benches, arches, perimeter fences as shown on the landscape and site plan, etc.). That the materials and color schemes be approved as submitted at this meeting, and on file in the Department of Planning and Community Development. That the landscape architect delete the agave, aloe and the oleander plants from the plan and that they be replaced with an alternate species to be reviewed by the CAB. That the ponds be approved at this time, however, if adequate means for controlling mosquitos and other noxious insects cannot be found, it is understood that the ponds may need to be deleted, and additionally, if it is found that the open space area restrictions or map restrictions will not permit the ponds as proposed, they will be deleted. In/CAB11F-093WP (7-31-89) 8 . 8 R. N. That the perimeter fences as shown on the landscape and site plan be of a natural unpainted style and that they return to the Board for review. o. That the houses are approved with no portion of the structure allowed to extend over the 26' height limit as measured from the approved pads on the grading plan dated January 31, 1989 and on file in the Department of Planning and Community Development. P. That all signing be reviewed through the Design Review process at the Community Advisory Board. Q. That there be a condition in the subdivision CC&R's that prohibits high intensity lighting (such as, but not limited to tennis court lighting, and outdoor security lighting or landscape lighting systems) in conformance with the dark skies policy in Olivenhain, and that an additional condition be required in the CC&R's allowing for animals on the individual lots as setforth in the City of Encinitas Zoning Ordinance, Chapter 30.55, and Chapter 30.16. That prior to grading of the lots a meeting shall be held between the applicant, the grading engineer or his designee, a representative of City Planning or Engineering staff, and a representative of the Olivenhain Community Advisory Board to determine the ultimate parameters and limitations of grading on the site. The purpose of the meeting is to insure retaining the areas not proposed for grading in their natural state. In/CAB11F-093WP (7-31-89) . . 8 PASSED AND ADOPTED following vote, to wit: AYES: this 8th day of August, 1989, by the Boardmembers DuVivier, Trujillo and Johnson NAYS: None ABSENT: Boardmembers Stumpf and ABSTAIN: None ATTEST: ~ LIND S. NILES, Associate Planner I I ~' I I it(£- c.\-\Î~\ R.. i CHUCK DU VIVIER, Vice-Chairman of the Olivenhain Community Advisory Board In/CAB11F-093WP (7-31-89)